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published in(发表于) 2016/9/22 16:03:53
If one day I “failed“, and the money in PayPal do? ,

English

中文

If one day I "failed", and the money in PayPal do? -PayPal, property-IT information

"I Alipay has more than 70,000 yuan, slightly more than 20,000 pieces, if I were to sudden unexpected death any day, the money going to do (my family did not know the money)? "Recently, it's a bit" alarmist "issue, attracted a large number of Internet users watch. Many people have a message saying "exactly how she felt yan", said sympathetically.

Yangtse evening post reporter learned that young people nowadays are basically balance of payment card, Po, micro-change, money and other such accounts, warehouse express their wealth. However, this form of money is likely to forever is forgotten because of the master's accident. In this regard, counsel argues that, with the diversity of the Chinese save money, be sure to get rid of taboo "intestate" the stereotypical early reserves of this wealth through various means of "password", to avoid unnecessary losses.

A "brain hole wide open" problem

If I "not", and family knows, with that sum of money?

"I pay more than more than 70,000, slightly more than more than 20,000, and if I were to sudden unexpected death any day, my family does not know that the money, the money will do? Final destination is like? "Recently, some users to throw such a doubt, immediately attracted many comments.

"Oh, I haven't thought about this issue! "One message said.

"Most of them were not alive when told his family, because they do not believe they will be met with an accident. "Friends" too dark at night, "said.

"Do you think that you deposit into your bank account, your death they will inform your family, with that sum of money? Na?ve! "Netizens" have your cake and fish, "said.

Yesterday, the Yangzi evening news reporter interviewed the young man in Nanjing, we almost always is a mobile phone in the world, which has a variety of payment applications, deposits are more or less.

Wang told reporters in Hexi CBD work, his work in Nanjing alone, that the high interest rates, he has put aside more than more than 50,000 yuan in PayPal, although Chinese taboo on the dead, but as users said, in case you really unfortunate, the money really, no one knows, including his parents. "Frankly, I bound is a mobile phone, bank card is associated, I have gone, even if PayPal can really be so kind to inform some, my phone is not being shut down, is no answer, that this notification has meaning? "Mr Wang said it was a problem, family on how do I know if my PayPal money?

Liu told reporters working in xinjiekou, on my PayPal money, his wife is aware of, but it does not know the password. In addition, his micro purse there are often thousands of dollars, but there is no associated bank card, red hair because it is always changing, never use it as money. "Although the ineffable death, but what if it's really gone, micro letter envelopes the money is gone, no one took it seriously, couldn't get it out. "Liu said.

Reporters learned that young people interviewed, have wealth lies in the network of basic, and quite a few with "mad money" in nature, is not known. "If people are really gone, certainly didn't have the money. "Almost everyone thinks that, the family will suffer a loss.

In fact, according to the recommendation of the financial management Division, also advocates that everyone in investment banking, don't put all your eggs in one basket, but a reasonable configuration, such as regularly checking match, buy some stock, funds, insurance, payment card, the app wallet, emerging balance treasure new deposits. It seems that encounter "surprises" after the disposal of assets, it is not an alarmist issue.

An often overlooked protocols

Do not use for a long time, PayPal will be written off, the app will recycle

When netizens talking, also listed, such as Alipay, of protocols as QQ register. Reporters found that according to the agreements which we usually did not read, encounter "surprises" friends families want to get online heritage, also more difficult.

Like, paid treasure service agreement fourth Department points third items 5th article on provides: "to prevent resources occupied, as you continuous 12 months not using you of paid treasure login name or paid treasure recognized of other way login had you of members, or account, paid treasure will on the members, or account for cancellation, you will cannot again through the paid treasure login name login this website or using related members, or account. Where the Member or associated accounts, financial products, pending transactions or balances, PayPal will help you, please follow the PayPal instructions for action. ”

Similarly there are micro-credit, QQ accounts, such as in Tencent Micro software license and services agreement on provisions in the second and five in the seventh paragraph: "micro-accounts are the property of the company all users after the completion of the registration procedures, only app account use, and this right belongs only to the initial application for the registrant. Meanwhile, initial applications for a registered person shall not grant, loan, rent, transfer or sale of micro-accounts or otherwise permit non-initial application for registration using micro account. Non-initial application for registration shall be passed by gift, inheritance, lease, or in any other way using micro account. "" User registration app account if the account is not logged on for a long time, Tencent is entitled to recover the account, so as to avoid wastage of resources, any resulting losses shall be borne by the user. ”

This agreement when you register click the "I agree", but no one read it carefully.

This shows that the user with Alipay and sudden death, according to the agreement, the money would have been passive, frozen in that user's account, waiting for his (her) relatives to claim, and in theory, PayPal "will help you to deal with." But in real life, how PayPal helps you, the surviving loved ones how do you know this rich account, it is not clear.

Similarly, as micro-credit, QQ, micro-tools such as letter public, "initial applications to register people" died, as stipulated in the agreement, all property of Tencent, and "shall not grant, loan, rent, transfer or sale", this number will eventually be reclaimed by the company, the corresponding micro-purse and what fate? Is also unclear.

A banker's recommendations

Legislation requiring that regularly publish the "forgotten" accounts

Nanjing, a banker told Xinhua, in the Bank, every year a number of "dormant accounts", which also have more or less money, in General, some accounts have a second contact, the Bank can contact, or the owner's family and friends would take bank cards to query, better solution. For a network platform of wealth, according to extracts of Bank funds, providing death certificates, household registration, certificate or court verdict to extract.

But the question for now is that wealth is sleeping on those networks, whose relatives don't know, and how to extract query?

In this regard, the professionals said, according to the provisions of some agreements, some accounts may be resumed after the not logged in for a long time, or even cancellation, where the money, now there is really no clear rules, new laws where there is lag.

"I am proposing legislation, up to the legal aspects, have been written off in the time limit of the account, which exceed a certain amount, and platform providers should take the initiative to contact the parties concerned, or published on a regular basis. "The professional people explained said, Switzerland Bank has always been to strictly of confidential system known, but in this year first half of, Switzerland legislature modified has about bank within" was forgotten "of funds of related legal terms, Switzerland of bankers are had to break" confidential "system, in Internet Shang announced has a copies about 2600 people of list, hope through move for those was forgotten in Bank in of deposits looking for to master.

"Switzerland banks will not only be looking for the owner, you can also find owner's heirs, inheritance, through relevant legal procedures to receive. "The professionals said, as long as the regularly published, numerous routes of transmission and speed alone is not difficult to find the owners or their relatives and friends, this is the network platform win, a way to benefit the people.

Professional perspective

Notary public:

Internet companies to improve management

Because this might be related to inheritance and civil disputes, reporters consulted the professionals from the judiciary and the legal profession. "Articles that have merit, worth thinking about places or places that we may face in the future, but is not necessary to worry too much. "Nanjing municipal Notary Office said.

Professionals believe that this problem has two, one is a micro-account holders, such as PayPal or sudden death, family members knew his account had funds, what should I do? Another is the account holder's sudden death, the family does not know there is a lot of money in the account, what should I do?

Said the first scenario, countries for "virtual property" have no clear legal interpretation, the legal profession has no conclusion. Mainstream view is in accordance with the law of succession, of a network of personal nature heritage can not inherit, such as personal chat tool QQ, MSN, network ID, and so on. Heritage can inherit without the personal nature of the network, such as online shops, copyright works, and game currency. The solution to the problem is not too difficult.

If there is a second, Nanjing municipal Notary Office say that Internet companies need to constantly improve their management and self-discipline. Approach has three: a is Internet company for this case, established specifically account custody, then Active looking for account holds people or family, but has disadvantages, premise is cannot and company owned account mixed, prevent new problem appeared, like a day Internet company failed, assets mixed led to died user account funds loss; II is Internet company active and silver prison will or people Bank third party network financial management sector contact; three is in notary handle mention save notary business, and active looking for holds people or heir.

Lawyer:

Diary can be used in the form

Note the wealth account

Yong of Jiangsu Lian law firm counsel, intestate has left many young people can not accept, so deliberately, in fact, in many Western countries, many young people have their own lawyers, willed to make wealth list early, is not uncommon.

He think, account holds people can to wrote diary of form, put himself wealth account remember down, password does not necessarily to wrote, at least let family in see Shi, will thought party of money real in where; can to himself of family admits account information, inside involves of part money real amounts; not taboo, directly State will, stated where has what, straight; addition, in occurred accident Hou, legal heir also can by related proved material active to common network Servicers like paid treasure, and micro-letter, requests query account situation.


如果哪天我“没”了,支付宝里的钱咋办? - 支付宝,财产 - IT资讯

“我支付宝有7万多块,微信有2万多块,如果我哪天突然意外死了,这些钱会怎么处理(我的家人并不知道这笔钱)?”近日,这样一个看上起有点“杞人忧天”的问题,引起了大量网友围观。不少人留言称“心有戚戚焉”,表示深有同感。

扬子晚报记者了解到,现在的年轻人基本上都有支付宝、余额宝、微信零钱、财付通等之类的账号,直通他们的财富仓库。然而,这种形态存在的钱财,很有可能因主人的意外而永远被遗忘。对此,律师认为,随着中国人存钱用钱方式的多样化,一定要摒弃避讳“留遗嘱”这个陈旧观念,早早通过多种方式预留这些财富的“通关密码”,避免不必要的损失。

一个“脑洞大开”的问题

万一我“没”了,家人怎么知道有这笔钱?

“我支付宝有7万多,微信有2万多,如果我哪天突然意外死了,我的家人并不知道这笔钱,这些钱会怎么处理?最终去向是怎么样的?”近日,有网友抛出这么一个疑问,立即引来众多跟帖。

“哎呀,我还真没想过这个问题!”一位网友留言称。

“多数人都不会活着的时候告诉家人,因为他们不相信自己会遭遇意外。”网友“夜太黑”说。

“你以为你存进你银行的户头,你意外身亡他们会通知你家里人有这笔钱吗?太天真了!”网友“熊掌和鱼”说。

昨天,扬子晚报记者采访了南京多位年轻人,大家几乎都是一部手机走天下,里面有着各种支付应用,存款也有多有少。

在河西CBD上班的王先生告诉记者,他独自一人在南京上班生活,因为利息高一些,他在支付宝上存了5万多元,虽然中国人都忌讳谈死字,但确实如网友所说的,万一自己真的遭遇不幸,这笔钱还真没有人知道,包括自己的父母。“说实在的,我绑定的是手机,关联的是银行卡,我都不在了,即便支付宝真的能好心通知一下,我的手机不是被关机,就是没人接,那这个通知有意义吗?”王先生说,这还真是一个问题,家人如何知道我支付宝上还有钱呢?

在新街口上班的小刘告诉记者,自己的支付宝上有钱,老婆是知道的,但并不知道密码。此外,自己的微信钱包经常有大几千块钱,但没有关联银行卡,因为发红包时常变动,根本没把它当钱。“虽然忌讳说死,但万一真的没了,微信红包这一笔钱肯定就没了,没有人把它当一回事,也没法取出来。”小刘说。

记者采访了解到,受访年轻人中,基本都有躺在网络里的财富,且相当一部分带有“私房钱”的性质,不为人所知。“如果人真没了,这些钱肯定也没了。”几乎所有人都认为,家里会因此遭受损失。

事实上,根据理财师的建议,也都提倡大家在投资理财时,不要把鸡蛋放在一个篮子里,而是要合理配置,比如定期活期搭配,买点基金、股票、保险等,眼下支付宝、微信钱包、余额宝等新型存款方式不断出现。看来,遭遇“意外”之后的资产处理,还真不是一个杞人忧天的问题。

一个往往被人忽视的协议

长期不使用,支付宝会注销,微信会回收

网友们在议论时,还列举了诸如支付宝、QQ登记注册时的协议。记者研究发现,根据这些大家平时并不曾细读的协议,遭遇“意外”的网友家属想拿回网上遗产,还比较困难。

比如,《支付宝服务协议》第四部分第三项第5条就规定:“为了防止资源占用,如您连续12个月未使用您的支付宝登录名或支付宝认可的其他方式登录过您的会员号或账户,支付宝会对该会员号或账户进行注销,您将不能再通过该支付宝登录名登录本网站或使用相关会员号或者账户。如该会员号或账户有关联的理财产品、待处理交易或余额,支付宝会协助您处理,请您按照支付宝提示的方式进行操作。”

与此类似的还有微信、QQ等账号,比如在《腾讯微信软件许可及服务协议》里第七款第二和五条就规定:“微信账号的所有权归腾讯公司所有,用户完成申请注册手续后,仅获得微信账号的使用权,且该使用权仅属于初始申请注册人。同时,初始申请注册人不得赠与、借用、租用、转让或者售卖微信账号或者以其他方式许可非初始申请注册人使用微信账号。非初始申请注册人不得通过受赠、继承、承租、受让或者其他任何方式使用微信账号。”“用户注册微信账号后如果长期不登录该账号,腾讯有权收回该账号,以免造成资源浪费,由此带来的任何损失均由用户自行承担。”

这条协议,大家注册时都会点击“同意”,但基本无人仔细阅读。

由此可见,拥有支付宝且突然去世的用户,按照协议规定,里面的钱将会一直被动地冻结在该用户的账户里,等待着他(她)的亲人来认领,且理论上,支付宝“会协助您处理”。但在现实生活中,支付宝如何协助你,在世的亲人如何知道这个有钱的账户,还是个未知数。

同样,作为微信、QQ、微信公众号等工具的“初始申请注册人”,如果去世后,按协议规定,所有权归腾讯所有,且“不得赠与、借用、租用、转让或者售卖”,这个号最终会被腾讯回收,那相应的微信钱包又会面临何种命运?也是个未知数。

一个银行业人士的建议

应立法规定定期公布“被遗忘”的账户

南京一位银行业人士告诉记者,在银行里,每年都有一些“休眠账户”,里面也有或多或少的资金,一般来说,有的账户有第二联系人,银行可以联系上,或者主人的亲友会拿着银行卡来查询,比较好解决。对于网络平台里的财富,可依照银行资金的提取方式,提供死亡证明、户口本、公证书或者法院判决书来提取。

但现在面临的问题是,这些网络上的财富沉睡着,其亲人根本就不知道,又该如何查询提取?

对此,这位专业人士称,根据有些协议的规定,一些账号可能会在长期未登录后被收回,甚至注销,那么钱的归宿在哪里,现在确实没有明确的规定,面对新生事物,法律也有滞后的地方。

“我倒是建议立法,上升到法律层面来,在一定时限里已被注销的账号,里面超过一定的金额,平台提供方应主动联系当事人,或者定期公布。”该专业人士解释称,瑞士银行向来以严格的保密制度著称,但在今年上半年,瑞士立法机关修改了有关银行内“被遗忘”的资金的相关法律条款,瑞士的银行家们不得不打破“保密”制度,在互联网上公布了一份约2600人的名单,希望通过此举为那些被遗忘在银行里的存款寻找到主人。

“瑞士银行此举不仅是寻找主人,还可以寻找到主人的后人,通过相关的法律程序继承、领取。”这位专业人士称,只要定期公布,仅凭眼下众多的传播途径和速度,不难找到主人或者亲友,这也是网络平台取信于民、造福于民的一种方式。

专业人士观点

公证处:

互联网公司要完善管理

由于此事可能涉及到继承和民事纠纷等,记者咨询了司法和法律界的专业人士。“文章说法有一定道理,有值得思考的地方或者将来可能会面对的地方,但是过分担心是没有必要的。”南京公证处相关人士表示。

专业人士认为,这个问题有两种情形,一是支付宝或者微信等账户持有人突然离世,家人知晓其账户里有资金,该怎么办?另一种是账户持有人突然离世,家属不知道其账户里还有大量资金,这该怎么办?

先说第一种情形,国家目前对于“虚拟财产”还没有明确的司法解释,法律界也没有定论。主流观点是依照《继承法》,对具有人身性质的网络遗产不可以继承,如个人聊天工具QQ、MSN、网络ID等。而没有人身性质的网络遗产则可以继承,如网上店铺、作品版权和游戏币等。这个问题的解决并不是太难。

如果出现第二种情形,南京公证处相关人士认为,这就需要互联网公司不断完善自己的管理和自律。办法有三:一是互联网公司针对这种情形,设立专门账户保管,然后积极寻找账户持有人或者家属,但有弊端,前提是不能与公司自有账户混合,防止新问题出现,比如说某一天互联网公司倒闭,资产混合导致去世用户账户资金流失;二是互联网公司主动与银监会或者人民银行第三方网络金融管理部门联系;三是在公证处办理提存公证业务,并积极寻找持有人或继承人。

律师:

可以用日记等形式

记下财富账号

江苏宁联律师事务所雍进律师认为,年纪轻轻就立下遗嘱会让很多国人接受不了,因此刻意回避,其实在西方不少国家,很多年轻人都有自己的律师,早早写下财富清单立下遗嘱,并不鲜见。

他认为,账户持有人可以以写日记的形式,把自己财富账号记下来,密码不一定要写,至少让亲人在看到时,会想到当事人的钱物在哪里;可以向自己的亲人坦承账号信息,里面涉及到的部分钱物数额;不避讳,直接立遗嘱,写明哪里有什么,直截了当;另外,在发生意外后,合法继承人也可凭相关证明材料主动向常用网络服务商比如支付宝、微信等请求查询账户情况。





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